IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004658
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal in lieu of his already-awarded Global War on Terrorism Expeditionary Medal.
2. The applicant states he deployed in support of Operation Iraqi Freedom from March to August 2003.
3. The applicant provides copies of:
* his unit temporary change of station orders with a by-name listing
* a memorandum for record showing he completed Operation Iraqi Freedom out-processing
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 24 June 1996. He held military occupational specialty 62E (Heavy Equipment Construction Equipment Operator).
3. He was honorably released from active duty effective 20 December 2003 as a sergeant/E-5. His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), shows in part, the Global War on Terrorism Expeditionary Medal.
Item 18 (Remarks) of his DD Form 214 shows, in part, service in Southwest Asia from 15 March 2003 to 2 May 2003.
4. An email from the Defense Finance and Accounting Service, dated
16 April 2014, confirmed he received hostile fire pay (HFP)/imminent danger pay (IDP) for service in Kuwait from
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
6. Soldiers who qualified for the Global War on Terrorism Expeditionary Medal by service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
DISCUSSION AND CONCLUSIONS:
1. Orders and DFAS' confirmation show he served in Kuwait/Iraq during two campaigns in support of Operation Iraqi Freedom from March to August 2003.
2. Although he has been awarded the Global War on Terrorism Expeditionary Medal, he also qualifies for the Iraq Campaign Medal. He requests award of the Iraq Campaign Medal instead of the Global War on Terrorism Expeditionary Medal.
3. Therefore it would be appropriate to replace the Global War on Terrorism Expeditionary Medal with the Iraq Campaign Medal with two bronze service stars on the applicant's DD Form 214.
4. As a related issue, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 17 March 2003 to 12 August 2003.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and replacing it with the Iraq Campaign Medal with two bronze service stars and
b. deleting the entry service in Southwest Asia from 15 March 2003 to 2 May 2003 and entering service in Kuwait/Iraq from 17 March 2003 12 August 2003.
_____________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110011043
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004658
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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